Pennsylvania

  • June 22, 2017

    New Energy Landscape Coming Under Trump, Report Says

    The energy sector should prepare itself for a policy shift and the accompanying legal challenges now that the Trump administration has issued executive orders promising to ramp up oil and gas production while reducing federal oversight of the industry, Babst Calland Clements and Zomnir PC has said in a new report.

  • June 22, 2017

    Pfizer Wins Interlocutory Review In Vfend Whistleblower Suit

    A Pennsylvania federal judge agreed Thursday to allow the Third Circuit to weigh in on whether he should have granted a motion from Pfizer Inc. to throw out a whistleblower suit accusing the company of pushing illegal off-label use of its antifungal medication Vfend.

  • June 22, 2017

    Gov't Witness Says Gifts To Philly DA Had A Purpose

    A suburban Philadelphia businessman described using lavish gifts — from a $3,000 custom sofa to an all-expenses-paid trip to the Dominican Republic — to cultivate a friendship with Philadelphia District Attorney Seth Williams, as testimony in the latter’s federal corruption trial that continued Thursday.

  • June 22, 2017

    Pa. Justices Snub Appeal Of Axed $14.5M Asbestos Verdict

    The Pennsylvania Supreme Court said Wednesday it would not hear an appeal of a decision axing a $14.5 million asbestos verdict on grounds that a trial judge improperly admitted expert testimony stating that every exposure to the carcinogen must be considered a cause of mesothelioma.

  • June 22, 2017

    Pa. Appeals Court Won't Revive Suit Over Bum Super Bowl Tix

    A Pennsylvania appeals court agreed Wednesday that a group of Super Bowl XLV ticket holders who were left without seats to the big game should not have been allowed to amend their complaint against the National Football League to include contract, rather than tort-based, claims.

  • June 22, 2017

    Feds Cite Honeycutt In Bid To Ditch $3M Fraud Forfeiture

    Federal prosecutors told a Pennsylvania federal judge on Wednesday that following the Supreme Court’s Honeycutt decision, they can no longer seek more than $3 million from the former chief engineer of the Sheraton University Hotel in Philadelphia who was sentenced to one year in prison for defrauding the University of Pennsylvania. 

  • June 22, 2017

    Xenia Sells 5 Hotels To Summit Unit In $163M Deal

    Real Estate Investment Trust Xenia Hotels & Resorts Inc. said Thursday it has finalized a $163 million deal to sell a portfolio of five Marriott and Hilton hotels to an affiliate of Summit Hotel Properties Inc.

  • June 22, 2017

    DC Circ. Pipeline Ruling Undercuts States' CWA Role: Enviros

    Environmentalists challenging the Federal Energy Regulatory Commission's approval of Constitution Pipeline Co.’s proposed $683 million natural gas pipeline told the Second Circuit Wednesday that a recent D.C. Circuit ruling that FERC could conditionally approve a pipeline's construction without triggering the Clean Water Act undermines states' authority over CWA permitting.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Pa. Justices Create Uncertain New Era For Enviro Reviews

    The Pennsylvania Supreme Court’s ruling on Tuesday reaffirming constitutional guarantees on the right to clean air and pure water is being hailed as the biggest environmental decision in the state in decades and a harbinger of a new and uncertain era of scrutiny for projects with potential impacts on natural resources.

  • June 21, 2017

    Ex-Baseball Analyst Wins $1.5M Verdict Against MLB Network

    A onetime MLB Network Inc. broadcaster won a roughly $1.5 million verdict against the channel in New Jersey state court Tuesday over allegations he was wrongfully terminated in the wake of false media reports that he unleashed a profanity-laced tirade while coaching his son’s Little League team, his attorneys said.

  • June 21, 2017

    Impax Wants Goodwin Proctor Barred In Teva Contract Fight

    Impax Laboratories, which is facing ​contract ​claims from Teva Pharmaceuticals over the antidepressant drug Budeprion, argued in Pennsylvania state court Tuesday that Goodwin Proctor LLP can’t represent Teva in the litigation because the law firm previously represented Impax in other matters concerning the medication.

  • June 21, 2017

    Feds Flag Philly DA's Messy Finances In Corruption Trial

    Federal prosecutors shined a spotlight on Philadelphia District Attorney Seth Williams’ financial woes on the second day of his corruption trial Wednesday, as jurors learned how he struggled to pay bills even when earning almost $200,000 annually.

  • June 21, 2017

    Aetna, Humana, States Reach Deal Over Costs In Merger Fight

    The District of Columbia and eight states that joined the U.S. Department of Justice’s fight against the now-failed merger of insurance giants Aetna Inc. and Humana Inc. urged a D.C. federal judge on Wednesday to approve the parties’ deal over the states’ attorneys’ fees and costs in the suit.

  • June 21, 2017

    Pa. Justices Won't Revive Drilling Rule Challenge

    The Pennsylvania Supreme Court on Tuesday affirmed the authority of state environmental regulators to demand that drillers outline potential environmental impacts of proposed oil and gas wells, finding the requirement was not void even though it was part of a controversial law deemed unconstitutional three years ago in a landmark ruling.

  • June 21, 2017

    Philly Pub, Produce Stand To Pay $700K For OT Violations

    The U.S. Department of Labor announced Tuesday that it has entered into an agreement with a Philadelphia produce market and restaurant in Reading Terminal Market to settle allegations that the owners failed to pay the employees overtime.

  • June 20, 2017

    Medtronic Beats ‘Free Services’ Kickback FCA Suit, For Now

    A Pennsylvania federal judge on Monday dismissed with leave to amend False Claims Act allegations that Medtronic offered surgical support and other free services as kickbacks to woo physicians and hospitals into buying its medical implants, saying the suit doesn’t show how Medtronic's services crossed the line.

  • June 20, 2017

    Pa. Justices Reject Atty's Bid To Dodge Disbarment

    Five of seven members of the Pennsylvania Supreme Court on Monday agreed to disbar an attorney who argued that purported mismanagement of client funds was caused in part by a state of depression and post-traumatic stress. 

  • June 20, 2017

    Pa. Health Centers Urge FCC Action On Rural Program Funds

    A group representing Pennsylvania health centers has warned the Federal Communications Commission that they are facing funding cuts under the agency’s Rural Health Care Program, urging “immediate action” to make sure there is enough money and to fix problems with the program.

  • June 20, 2017

    Only Doctors Can Obtain Informed Consent, Pa. Justices Rule

    The Pennsylvania Supreme Court revived a malpractice suit against a Geisinger Health System physician over a botched brain surgery, ruling that physicians must take personal responsibility for obtaining the informed consent of their patients in advance of medical procedures.

Expert Analysis

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    With the conclusion of this U.S. Supreme Court term just around the corner, the guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • How Pennsylvania Made Water System Sales Easier

    Thomas Wyatt

    The capital costs and regulatory requirements of providing safe and reliable water and wastewater service continue to increase. Pennsylvania's Act 12 provides a valuable new tool for municipalities wishing to monetize those assets and redeploy the proceeds, and the recent sale of New Garden Township's wastewater system is a case in point, say attorneys with Dilworth Paxson LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • What DOJ Investigation Means For Generic Drug Plaintiffs

    Jason Dubner

    Last month, over 80 named plaintiffs whose antitrust claims were consolidated in Philadelphia learned that discovery in their cases will be stayed until August pending a U.S. Department of Justice investigation into the generic pharmaceutical industry. Despite the delay, plaintiffs can use the next several months productively to strengthen their cases, say attorneys with Butler Rubin Saltarelli & Boyd and Adams Holcomb LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.